Post by admin on Mar 10, 2009 15:39:42 GMT -5
RED BANK — One strike and you're ticketed, if you're a landlord with repeat property maintenance or overcrowding violations, under a new ordinance passed by the Borough Council
Monday night.
And officials released a list of top repeat offenders in 2008, which had been promised by Mayor Psquale "Pat" Menna. An Eatontown woman who owns two properties in the borough topped the list with total fines of $38,000 for overcrowding violations.
The deferred prosecution ordinance, approved unanimously, would give landlords who are first-time offenders 10 days to make repairs or correct the problem, if it is not a health or safety violation, Menna said.
Currently, property owners are cited immediately, but commonly go to court and request an adjournment, which means the case can take two to three months before it is heard and repairs are made, Menna said.
"The idea is to get compliance,'' he said. "This put the onus on people who are supposed to manage their property.''
Menna said the provision also allows for the gray area where it is unclear who is the offender in the case of overcrowding, the landlord or a tenant who brings in more people without permission or the property owners knowledge.
Councilman Michael DuPont raised concerns that deferred prosecution could be used by landlords as a delaying tactic. Menna said the new ordinance will speed up compliance by landlords and save the borough enforcement costs.
Borough Administrator Stanley Sickels said that code officials will use their judgment.
Repeat offenders are not allowed to participate in the program, Menna said. Menna made good on a 2008 promise to make the names public of the top overcrowding violators and those who received the highest fines.
Iris Acevedo of Eatontown received the highest fine of $32,624 for overcrowding violations at 179-181 Shrewsbury Ave. and also made the list of repeat offenders. Acevedo was fine $6,312 for overcrowding violations at another property at 84 W. Sunset Ave., according to information provided by the borough.
Following her was Gerald Marks of Red Bank, who was fined $9,702 for overcrowding violations at 69 Herbert Ave.
www.app.com/article/20090310/NEWS/90310051
Monday night.
And officials released a list of top repeat offenders in 2008, which had been promised by Mayor Psquale "Pat" Menna. An Eatontown woman who owns two properties in the borough topped the list with total fines of $38,000 for overcrowding violations.
The deferred prosecution ordinance, approved unanimously, would give landlords who are first-time offenders 10 days to make repairs or correct the problem, if it is not a health or safety violation, Menna said.
Currently, property owners are cited immediately, but commonly go to court and request an adjournment, which means the case can take two to three months before it is heard and repairs are made, Menna said.
"The idea is to get compliance,'' he said. "This put the onus on people who are supposed to manage their property.''
Menna said the provision also allows for the gray area where it is unclear who is the offender in the case of overcrowding, the landlord or a tenant who brings in more people without permission or the property owners knowledge.
Councilman Michael DuPont raised concerns that deferred prosecution could be used by landlords as a delaying tactic. Menna said the new ordinance will speed up compliance by landlords and save the borough enforcement costs.
Borough Administrator Stanley Sickels said that code officials will use their judgment.
Repeat offenders are not allowed to participate in the program, Menna said. Menna made good on a 2008 promise to make the names public of the top overcrowding violators and those who received the highest fines.
Iris Acevedo of Eatontown received the highest fine of $32,624 for overcrowding violations at 179-181 Shrewsbury Ave. and also made the list of repeat offenders. Acevedo was fine $6,312 for overcrowding violations at another property at 84 W. Sunset Ave., according to information provided by the borough.
Following her was Gerald Marks of Red Bank, who was fined $9,702 for overcrowding violations at 69 Herbert Ave.
www.app.com/article/20090310/NEWS/90310051